AEM 320; NBA 560 Business Law I Fall, 2006 Midterm Review Questions Torts Review Problems 1. Paul owns a “dirt bike,” a type of motorcycle designed to be ridden on trails and in fields. He has been riding dirt bikes with his friends for years just for fun. In the last year, Paul has begun to enter competitive races, competing in about ten events before he had a serious accident. Paul competed in a race outside of Ithaca and he was seriously injured. Paul is suing the race sponsor who put up the money to arrange the event and who took a share of the revenue generated by the race. Paul is also suing the race organizers who set up the race course and oversaw the race itself, and the two other riders who were involved in the crash. Deposition testimony and interrogatory answers indicate the following: a. The race course was muddy, which is not that unusual in Ithaca in September. b. The crash occurred on the most dangerous curve on the course. c. The accident happened because Paul was going too fast for the wet conditions and because the other riders were crowding Paul so he had less opportunity to control his bike. d. Paul was injured badly because the barricade protecting the outside of the curve broke apart, sending him flying into a tree, instead of into the hay bales that lined the track. Please evaluate the likelihood of Paul being successful in his lawsuit against the race sponsor , explaining (1) the basis for a lawsuit; (2) what, if any defenses should be raised; and (3) why you reach the conclusion that you do.

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2. Paul is an Emerald City University student and a big fan of the school’s lacrosse team. He attends every one of the teams’ home games, and he often volunteers to be one of the people who stands at the end of the field behind the goal to retrieve balls when shots are taken that don’t hit the net. One day during a game when he is standing at the end of the field, Paul is seriously injured when he is hit in the head by a shot that hits the crossbar of the goal and suddenly changes direction [the volunteers don’t wear lacrosse equipment]. Paul wishes to sue ECU to recover damages as a result of his injuries. Besides $25,000 in medical bills, Paul is asking for $800,000 to compensate him for his pain and suffering. Is Paul’s lawsuit likely to be successful? Please briefly explain your reasoning. You DO NOT need to discuss whether Paul can recover the amount of damages he is requesting since you are not provided enough facts to address that issue. 3. On a rainy night in December, Patsy was a passenger in a car that skidded out of control while making a left turn on a busy New York City street. The car, which had at least one bald tire, struck a one-inch "lip" created by a concrete slab sitting on top of the pavement in an area where the street was under construction and awaiting repaving. The car skidded sideways on the rainy street, jumped the four-inch curb, crossed an eleven-foot sidewalk and crashed through the Long Island Railroad's six-foot high chain-link fence

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